Daijiworld Media Network - Washington

Washington, Oct 13: The Trump administration has moved to scrap a rule that allows H-1B and other skilled foreign workers to routinely secure visa extensions when their circumstances remain unchanged, while making permanent a separate measure ending automatic renewals of work permits for spouses of H-1B workers and other eligible foreign nationals.

Both measures, issued by the Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS), were posted for public inspection in the Federal Register on Tuesday and are scheduled for publication on Wednesday.

Indians, who account for the bulk of H-1B visa holders and H-4 spouses holding employment authorisation, are expected to be among those most affected by the changes.

Under the first measure, a proposed rule, DHS seeks to remove a provision requiring USCIS to generally defer to a previous approval when adjudicating an extension petition involving the same facts.

The provision, codified in a rule published in December 2024 during the final weeks of the Biden administration, covers extension petitions for workers on visas such as H-1B and L-1.

DHS said the proposed change would better align its regulations with the law, which places the burden of proving eligibility for immigration benefits on the petitioner, applicant or beneficiary.

According to the department, the existing deference policy effectively shifts the burden from the petitioner to the USCIS officer, who must justify departing from an earlier approval.

DHS argued that the policy could perpetuate erroneous approvals and make it less likely for fraudulent or meritless petitions to be detected.

To support its proposal, the department cited USCIS data from site visits. For H-1B extension cases during fiscal years 2022 to 2025, when deference applied, the combined rate of non-compliance and/or fraud among sites visited stood at 22.39 per cent. During fiscal years 2018 to 2020, when USCIS followed a no-deference policy, the rate was 16.77 per cent.

For L-1A extension cases, the corresponding rate was 24.46 per cent during fiscal years 2022 to 2025, compared with 18.37 per cent during fiscal years 2018 to 2020.

The proposal estimates that an average of 208,429 extension petitions annually during fiscal years 2022 to 2025 fell into the category generally covered by the deference provision. This represented around 30 per cent of the 688,830 petitions filed each year.

The public will have 30 days from the rule's publication to submit comments.

The second measure is a final rule reaffirming and finalising an interim rule published by DHS on October 30, 2025. That measure ended the practice of automatically extending Employment Authorisation Documents (EADs) for certain categories of applicants who had submitted timely renewal applications. The final rule will take effect upon publication.

Previously, filing a renewal application on time could keep a work permit valid for up to 540 days while the application remained pending.

DHS said ending automatic extensions would strengthen the integrity of immigration benefits and prioritise proper vetting and screening before granting a new period of employment authorisation.

The proposal drew objections from several commenters representing H-4 spouses of H-1B visa holders. They pointed out that H-4 employment authorisation applications frequently take longer to process than the recommended filing period of 180 days, potentially resulting in unavoidable gaps in employment.

Commenters warned that such interruptions could lead to lost wages, loss of health insurance and even eviction. Some also noted that women account for most H-4 EAD holders.

In response, DHS said the rule did not alter the underlying eligibility of H-4, L-2 or other employment-based dependants to apply for work authorisation.

However, the department acknowledged that affected dependants and applicants seeking adjustment of status could face temporary lapses in employment authorisation, affecting their income, benefits and career continuity.

DHS maintained that automatic extensions for these groups raised the same underlying security and programme-integrity concerns as those involving other categories of applicants.

The department estimated that between 20,000 and 33,000 EADs could lapse during a single 18-month period beginning in May 2027.

It projected that the resulting disruption could cost employers $138.1 million in lost productivity and another $312.1 million through potential labour turnover over the period. An estimated 1,700 to 2,800 employers could be affected.